Thursday, June 23, 2011

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Orochimaru #26

mrajatish

12-14 08:40 AM

If an employer does not take advantage of employees by doing illegal things while applying for labor sub (e.g., asking for money, asking employee to sign a bond etc), it is a legitimate way to get GC. I have repeatedly said that PD transfer during labor sub should be stopped, if possible. However that has consequences too because of the stupid "labor must be pending 1 year for H1 extension" rule.

There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.

However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.

We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.

-Raj

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orochimaru

bachelor

09-24 11:30 AM

YOu can surrender your GC letting know the USCICS that, it got approved when the PD was not current. I had read this on murthy.com. Browse the website to learn more about it or contact murthy.com attorney's.

How am I so sure...?? Even I am one amoung them praying for 485 not getting approved untill I get married. My PD is 2006, so I guess I don't have to worry too much.

Thanks for the reply tabletpc, but my GC was approved when the PD was current. i was wondering about the options i've to get my future wife to USA.

Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?

If your GC is approved before your wife can enter US and apply for I-485, then she can do "following to join" through consular processing. The apparent wisdom seems to be that the application has to be done quite quickly, but I had read in one website that there is no time limit to apply (it is possible that the law changed in that regard; you need to seek a competent lawyer's advice and check the current rules). I also read that visa numbers are not required for following to join; i.e., she can get GC even if PD retrogrades. Again, that could be a outdated law, or perhaps that wording was for the "following to join" procedure for the spouses of US citizens. In any case, if you act quickly and properly, there is not much to worry about not being able to get your wife into US after your GC.

I think this law puts an enormous burden on us to prove we are here legally. If for any reason we are stopped for speeding, the law allows the cop to ask us to prove we are here legally. technically, he is supposed to verify this with USCIS, but we know how efficient they are! Also the average cop probably has no idea what EAD/ Adjustment of status etc etc are and this can land us into trouble, atleast until we prove that we are here legally!.

Not only is legislative reform for legal immigrants held hostage by illegals and their lobbies, but actions directed against them are likely to entrap some of us into trouble with the law. I hate illegals!!!!!!!!! And their !@#$ patrons in washington!

Orochimaru

pncool01

06-27 05:43 PM

unity can work - let us all unite and file on July 2, the first day. those that lag do so by choice.

please don't say people are selfish and will sell you for a buck etc. the point is, people here are being very helpful to each other. thanks for all the great posts here folks. definitely people here are more responsive than my corporate lawyers right now. and they are sharing formats, links, responses from their lawyers etc. i think everyone is happy to help others as long as there is no loss to themselves.

you have to see the incentive structure and then construct the unity argument. people have no incentive to wait. however, they will unite if they have something to gain. that is why forums such as these are popular.

again, thanks everyone for their help and encouragement.

PS - us filing fewer applications probably does not help. as i have posted elsewhere on this forum, USCIS thought that they were unable to use up all the visa numbers for FY 2007. this comes out of the 485 processing they have been doing till date. they are trying to fill up the 485 filing pipe for the next FY and further out. so, if the USCIS folks see enough 485 filings to fill up the next FEW years expected quotas they will shut it down. not sure how many filers that will take.

bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways

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gcnirvana

07-07 08:46 PM

If you are in the West, Nightly News is on right now and this news is coming up shortly.

There are not many EB3 approvals so far. It means USCIS doesn't have many cases in their inventory with cut-off date of Oct'08 VB so I hope DOS move the EB3 cut off dates forward in Nov'08 bulletin and more cases become eligible.

Now I am getting a Full Time position in my client company. My Employer is saying I should not go otherwise he will revoke my I-140 and I don't know really what else can he do with my I-485 application. I really want to take that Full Time offer and apply for AC-21. But can anyone tell me that If after applying AC-21 and joining as full time in my client company(American Company) if my employer revokes I-140 or cancels I-485 what will be the effects on my GC application(I will be on EAD while joining this company).

I read somewhere that at that time I need to apply for MTR(Motion To Reopen) and I should not work until this MTR gets approved which might typically take 60 to 90 days. Is it true? Because if this is the case then I will lose my Full Time Job right because no company will not be willing to give 2-3 months off. Will my EAD and AP gets invalid at that point.

Even if my case gets denied after employer revokes I-140/I-485 then can I file for MTR and still work at the same time with out taking leave. Will the MTR be approved? I am looking at all possible solutions. If I cannot work during filing of my MTR then it doesn't make sense to take that full time offer and then my employer revokes I-140/I-485 and I will loose my status.

Since lot of folks who took Full Time offer are getting I-485 Denial notices instead of NOID so that was concerning me.

On June 25th, President Obama is convening a bi-partisan meeting to discuss the prospects for moving on comprehensive immigration reform later this year. If he asked me about the politics of immigration reform in this economic climate, this is the memo I would send to him:

Mr. President, with so many challenges facing America, is it too much to tackle immigration reform this year?

Reform advocates point to the pledge you made on the campaign trail, to make immigration reform a "top priority in my first year." Yet skeptics argue that the economic crisis makes your campaign promise moot. They believe you should delay immigration legislation and focus on the economy and your other legislative priorities. While addressing immigration may seem to be heaping another issue onto an already-full plate of priorities, there are four compelling reasons for you to move forward with reform this year.

First, the public support for immigration reform is growing stronger notwithstanding the conventional wisdom advanced by the political class. For a big majority of Americans, the failure to address immigration is a symbol of Washington's failure to confront and solve tough problems. Comprehensive immigration reform - the key elements of which require strong enforcement at the borders and in the workplace, coupled with a mechanism for unauthorized immigrants to get legal, learn English and pay taxes - is viewed by the majority of Americans as the most practical approach to addressing this complicated problem.

And in this economic downturn, voters are actually more supportive of immigration reform than at any other time. As pollster Celinda Lake tells it, "voters are very focused on finding solutions to our problems. They support comprehensive immigration reform as a practical, common-sense solution and have no patience for politicians who want to point fingers and score points rather than fix the problem."

The evidence for this point of view is growing. A Washington Post/ABC News poll showed 61% support for giving undocumented immigrants the right to live in the U.S. "if they pay a fine and meet other requirements," a 12% increase since 2007. The Pew Research Center recently found that 63% of respondents supported a pathway to citizenship, up 5% from 2007.

In polling conducted in May by Pete Brodnitz of Benenson Strategies for the organization I direct, 64% of voters support comprehensive immigration reform before it is described, and a whopping 86% support comprehensive reform after it is described. In response to a head-to-head question that pits comprehensive reform against the enforcement-only approach favored by most Republicans and some conservative Democrats, comprehensive wins 67% to 31%. Among those voters who describe themselves as undecided for the 2010 Congressional elections, they not only favor comprehensive reform at the same levels as Democratic voters, by a 69% - 28% they want their elected leaders to tackle immigration reform this year.

The second reason you should move forward is that your commitment to move on immigration reform has created enormous expectations in the Latino community. Your campaign promise was a galvanizing factor in motivating Latinos - especially Latino immigrant voters - to turn out in record numbers in 2008 and swing decisively to the Democratic column. These new voters helped flip at least four states that voted for George W. Bush in 2004 to Obama states in 2008 (Florida, Colorado, New Mexico, and Nevada).

While some like to point out that polls of Hispanics put issues related to the economy as higher on the priority list than immigration reform, the fact is that Immigration reform is a defining issue for Latinos the way civil rights is for many African-American voters, choice is for many female voters, and Israel is for many Jewish voters. For example, in a recent poll of Latino voters conducted by Bendixen and Associates on behalf of America's Voice, 82% called the issue personally important and 87% said they would not consider voting for a Congressional candidate who favors forcing most of those in the U.S. illegally to leave the country. Moreover, expectations are sky-high: three out of four Latino voters expect you to keep your pledge to move on immigration reform in the first year.

The third reason you should move forward is that fixing immigration is a critical component of fixing the economy. Immigration reform will benefit American taxpayers by requiring workers and their employers to get legal and comply with their tax obligations; it will benefit American workers whose wages and working conditions are depressed by unscrupulous employers who exploit unauthorized workers; and it will benefit law-abiding employers currently undercut by bad-actor competitors by significantly reducing the incentive to underpay workers and pay them off the books in order to win business. As for increased revenues, get this: a Congressional Budget Office study of a legalization component included in the 2006 McCain-Kennedy bill projected increased revenues over 10 years totaling $66 billion. Not bad at a time of squeezed budgets.

Finally, the moral stakes are high and getting higher. How we as a nation deal with illegal immigration has become a defining moral issue for our nation. Ultimately, the question we face is this: are we going to allow hardliners who want nothing less than the expulsion of millions of immigrant families already living in our communities to dominate the debate? Or are we going to live up to our tradition as both a nation of immigrants and a nation of laws and write a new chapter in the American story of how including "them" makes for a stronger "us?"

Immigration reform will not be easy, and yet, this is the kind of big issue that led you to proclaim the fierce urgency of now and run for President.

Once this Mela of accepting 485 is over ...looks like dates will retrogress to somewhere in 2003 or 2004 .. hopefully it is 2004

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Carlau

01-10 10:05 PM

I wish some group were working on getting attached in some bill a provision that lets the H-4s work. I thought we had a good chance because it is under discussion a bill similar to Bill S.2611 that would let the spouses of the Illegal workers regularized under Blue card status to also work so I assumed that a some point they were going to have a provision for the spouses of H-1Bs. I hope IV and QGA are doing something about this. If no group brings to the senators etc.'s attention that there is a part unattended regading the H-1B spouses right to work, nothing would happen. Here is what I am trying to say:

If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?

This is the parragraph:

"... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

.2611 Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate) ________________________________________ TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM Subtitle A--Temporary Guest Workers CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS SEC. 613. AGRICULTURAL WORKERS. (a) Blue Card Program- (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien-- (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005; (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2). (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence. (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence. (4) TERMINATION OF BLUE CARD STATUS- (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable. (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

(b) Rights of Aliens Granted Blue Card Status- (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied: (i) QUALIFYING EMPLOYMENT- The alien has performed at least-- (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act. (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting-- ... (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). (D) PAYMENT OF TAXES- (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that-- (I) no such tax liability exists; (II) all outstanding liabilities have been paid; or (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service. ....

(2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident. (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS- (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C). (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence. (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child-- (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2); (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.

1) Try state group insurance Texas and for that matter every state has a group insurance coverage for folks who donot get coverage from any other insurance provider.

This is a coverage that you will get for sure, only document you will need is a written paper from insurance company that one cant be insured.

Check the state insurance board website.

2) check free clinics, these clinics will provide complete care ( you can pay them if you like)if you dont thats fine too. I suggest paying them if you can even if its a bit high, as someone who cant afford may one day get to use this service too.

Donot worry, life works in interesting ways. As last resort one can go to home country for delivery.

donot worry.

Thank you very much. I don't have group insurance so cannot to my employer. Bought individual insurance and they said that they would not cover maternity.

I will try to explore your option tomorrow.

Thank you very much.

I know that I can over come this hurdle and also could suggest other friends (who have this problem) with what I found out.

Life cannot stop for these small problems.

Life has to go on and on..

Hope we all will reach to the destination very soon, I mean get our green cards very soon. And to reach our destination one should not sacrifice the goals and life decisions just for GC.

I wish good luck to one and all.

Thank you very much!

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Libra

01-29 09:54 AM

bump

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sravani

05-22 03:27 PM

We should get an amendment to make all H1Bs illegal. so we can easily qualify for this Z visa.

Lol, Agree with this. We need to include this amendment in the agenda :D

qualified_trash

12-12 01:39 PM

I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.

The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.

possible?? maybe!!

sledge_hammer

02-27 06:19 PM

One more time - Why don't you explain to everyone how is telling the OP that we do not condone taking or selling drugs something of a personal opinion? And how is it like "shoving personal moral" on someone's face?

You have managed to dodge this question for a long time now. You have gone over all my other threads and what I have and have not done in those threads except provide me with an anwer to the above question. When will you learn to provide an explanation backing up your opinion and comment? How old do you have to be, to be able to substantiate your argument with valid reasons?

You are not skilled nor are you intelligent!

I am not answerable to an anonymous "internet toughie" who picks up fights on forums. it's evident that your understanding of the tonality in a professional response vis a vis a personal one is impaired albeit imponderable.

I shall not waste my time "coaching" the same.

[B]"then we all know who the real immature person is"

After your fiasco with Kumar, doesn't this whole forum apart from a few thousand scandalized visitors know who really enthrones "immaturity" here?

With this i end my diatribe with you mr internet toughie aka sledgehammer. lol